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One-time Report for Foreign Software or Technology Eligible for De Minimis Exclusion

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Notice and request for comments.


The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44U.S.C. 3506(c)(2)(A)).


Written comments must be submitted on or before April 6, 2004.


Direct all written comments to Diane Hynek, Departmental Paperwork Clearance Officer, U.S. Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington DC 20230 (or via Internet at

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Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mrs. Marna Dove, Management Analyst, Department of Commerce, Room 6622, 14th & Constitution Avenue, NW., Washington, DC 20230.

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I. Abstract

Section 734.4 exempts from the EAR reexports of foreign technology commingled with or drawn from controlled U.S. origin technology valued at 10% or less of the total value of the foreign technology. However, persons must submit a one-time report for the foreign software or technology to BIS prior to reliance upon this de minimis exclusion.

II. Method of Collection

Exporters intending to rely on the de minimis exclusion for foreign software and technology commingled with U.S. software and technology must file a one-time report for the foreign software or technology.

III. Data

OMB Number: 0694-0101.

Form Number: None.

Type of Review: Regular submission for extension of a currently approved collection.

Affected Public: Individuals, businesses or other for-profit and not-for-profit institutions.

Estimated Number of Respondents: 7.

Estimated Time Per Response: 25 hours.

Estimated Total Annual Burden Hours: 175.

Estimated Total Annual Cost: No start-up capital expenditures.

IV. Request for Comments

Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they will also become a matter of public record.

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Dated: February 3, 2004.

Madeleine Clayton,

Management Analyst, Office of the Chief Information Officer, Departmental Forms Clearance Officer, Office of Management and Organization.

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[FR Doc. 04-2626 Filed 2-5-04; 8:45 am]